Schneiderman Wins Gun Safety Lawsuit

A constitutional challenge to New York’s gun laws was rejected today by the U.S. Court of Appeals, Attorney General Eric Schneiderman said.

The case was brought by five Westchester County plaintiffs and one organization, the Second Amendment Foundation, Inc. in the case of Kachalsky, et al. v. Cacace, et al.

The plaintiffs argued that New York’s law requiring individuals to demonstrate “proper cause” to obtain a license to carry concealed handguns in public violated the Second Amendment. The court disagreed.

“Every day, my office fights to ensure all New Yorkers are safe and secure in their communities,” Schneiderman said in a statement. “This means ensuring that our state’s gun laws are protected and vigorously enforced. This unanimous decision is a victory for New York State law, the United States Constitution, and families across New York who are rightly concerned about the scourge of gun violence that all too often plagues our communities.”

The state’s “proper cause” provision requires a license applicant to show “a special need for self protection distinguishable from that of the general community or of persons engaged in the same profession,” Schneiderman said.

The three-judge panel in White Plains ruled that the proper cause requirement is valid because it is related to New York’s public safety and crime prevention.

Dave Workman, spokesman for the Second Amendment Foundation, based in Bellevue, WA., said the group would petition to the U.S. Supreme Court for the case to be heard.

“Naturally, We are disappointed, but I don’t think it’s over yet,” he said.